Code of Civil Procedure, 1908–Sec. 96–Leave to appeal–Declined to grant on the ground that the applicants were not the parties in the suit–During the pendency of the suit, plaintiff no. 9 died–Thereafter, the suit was dismissed–No application was filed by the plaintiff for taking the LRs. of plaintiff no. 9 on record–One of the LRs. was already on record as plaintiff no. 10–He also did not disclose this fact before the Trial Court–View of First Appellate Court that the first appeal was filed with a misconceived plea–Held, application u/s. 96 was rightly rejected.
